Jul 3, 2019 | Advocacy, Non-legal submissions
The ICJ today highlighted rising threats to the rule of law in Europe, specifically mentioning Poland, Hungary, Turkey, and Kazakhstan in a statement to the UN Human Rights Council in Geneva.
The statement read as follows:
“The International Commission of Jurists (ICJ) adopted a Declaration on Reinforcing the Rule of Law last March at its 19th World Congress in Tunis.
The Tunis Declaration (link) stresses that not only are human rights and the Rule of Law indispensable to the betterment of the human condition, but to address such contemporary challenges as catastrophic climate change and the effects of digital technology.
Against these standards, however, the ICJ is concerned at the increasing and serious threats to the Rule of Law and those who defend it around the world, including across Europe.
In Poland, the attacks on the judiciary continue under the guise of disciplinary proceedings against judges who took recourse to EU institutions to defend the Rule of Law.
Hungarian authorities, while pausing their reforms of administrative courts, have not abandoned unjustified restrictions on the judiciary’s independence and on civil society.
Finally, in Turkey, the judiciary continues to have no guarantees in law to guarantee its independent functioning.
Across Central Asia, lawyers may face disciplinary or criminal persecution for discharging their profession independently. For example, in Kazakhstan, Sergey Sizintsev was disbarred on arbitrary grounds for criticizing a problematic reform of the legal profession.
The ICJ urges the Council to give attention to these developments of extreme concern.
Jun 24, 2019 | News
The ICJ and the International Bar Association’s Human Rights Institute (IBAHRI) have jointly sent international observers to attend the first hearing of the criminal trial on the “Gezi Park” protest at the Silivri Prison Courthouse in Istanbul, scheduled to take place on 24 and 25 June 2019.
The International Observers who will be attending are Justice Ketil Lund, former judge of the Supreme Court of Norway and ICJ Commissioner, and Dr Mark Ellis, Executive Director of the International Bar Association.
Justice Lund and Dr Ellis will be observing a trial hearing before İstanbul 30th Assize Court with principal defendant Osman Kavala and 15 others: Ali Hakan Altınay, Ayşe Mücella Yapıcı, Ayşe Pınar Alabora, Can Dündar, Çiğdem Mater Utku, Gökçe Yılmaz, Handan Meltem Arıkan, Hanzade Hikmet Germiyanoğlu, İnanç Ekmekci, Memet Ali Alabora, Mine Özerden, Şerafettin Can Atalay, Tayfun Kahraman, Yiğit Aksakoğlu and Yiğit Ali Ekmekçi.
The observers will report directly to the IBAHRI and ICJ Secretariats on the proceedings following the mission.
The Gezi Park protests began in May 2013 as an effort by a group of environmentalists to save a park in central Istanbul from being rezoned, but soon turned into nationwide demonstrations. The protest was quelled by police with the use of tear gas and water cannons against the protesters in Taksim Square.
Following a six-year investigation into the events, the 657-page indictment issued by the Istanbul Chief Public Prosecutor’s Office was accepted by the 30th A Court in Istanbul on 4 March 2019.
The defendants are to be charged under Turkish Criminal Code Article 312 (attempt to overthrow the Turkish Government or attempt to prevent it from fulfilling its duties), Article 151 (damage to property), Article 152 (qualified damage to property), Article 174 (possession or exchange of hazardous substances without permission), Article 153 (damaging places of worship and cemeteries), Article 149 (qualified robbery), Article 86 (intentional injury); crimes under the Law on Firearms, Knives and Other Tools no. 6136, and crimes under the Law on Protection of Cultural and Natural Assets no. 2863. The total sentence asked for by the prosecution for these offences amounts to approximately 47,520 years imprisonment.
Contact:
Massimo Frigo, Senior Legal Adviser, t: +41 22 979 38 05 – e: massimo.frigo(a)icj.org
Jun 23, 2019 | Events, News
The ICJ joins other NGOs and UN experts in presenting a side event to the UN Human Rights Council, Thursday 27 June, 11:30am – 12:30pm, in Room VIII, Palais des Nations
Less than a week after the UN Human Rights Council adopted its most recent resolution on the safety of journalists, Saudi Arabia dispatched a hit squad to its Istanbul consulate to murder Washington Post journalist and regime critic Jamal Khashoggi.
This crime against freedom of expression shocked the world. It laid bare the chasm between the international community’s stated commitments to the safety of journalists, and the ability of UN human rights mechanisms to protect at-risk journalists, and respond quickly and effectively to support investigations into killings of journalists, and end the cycle of impunity for such attacks.
This human rights crisis is not limited to autocratic countries or nascent democracies – after several years in decline, the number of killings of journalists worldwide spiked in 2018, whilst impunity for historic cases remains troublingly high, fueling further violence. In Malta, a report by PACE Special Rapporteur Pieter Omtzigt into the killing of Daphne Caruana Galizia more than 18 months ago, highlighted serious concerns over national investigations, pointing to systemic rule of law failings in the country.
As the UN Special Rapporteur on extrajudicial, arbitrary or summary executions, Dr. Agnès Callamard, presents the findings of her independent investigation into the killing of Jamal Khashoggi to the 41st Session of the UN Human Rights Council, join us to discuss what recent attacks on journalists have taught us about gaps in prevention, protection and prosecution, and how to enhance the UN’s response to impunity.
| Panelists |
Dr. Agnès Callamard |
UN Special Rapporteur on extrajudicial, summary or arbitrary executions |
|
David Kaye |
UN Special Rapporteur on freedom of opinion and expression |
|
Hatice Cengiz |
Fiancée of Jamal Khashoggi |
|
Pieter Omtzigt |
Special Rapporteur, Council of Europe |
|
Rob Mahoney |
Deputy Executive Director, Committee to Protect Journalists |
|
Yahya Assiri |
Founder and Director, ALQST |
| Moderator |
Thomas Hughes |
Executive Director, ARTICLE 19 |
Jun 20, 2019 | Advocacy, Cases, Legal submissions, News
The International Commission of Jurists, jointly with Amnesty International and the Turkey Litigation Support Project intervened today before the European Court of Human Rights in the case of a Turkish public servant, Hamit Pişkin, who was dismissed by executive decrees during the State of Emergency.
The case is key with regard to the situation in Turkey now and under the State of Emergency, because it raises significant questions regarding procedural rights in employment proceedings leading to the dismissal of an employee working with or for a State agency on grounds related to national security, including under a State of Emergency, as well as the application of the principles of legality and legal certainty and non-retroactivity as applied to national security, including in counter-terrorism.
During the State of Emergency in Turkey, that lasted two years from 2016 to 2018, almost 130,000 employees in the public sector were dismissed under emergency legislation. Their dismissal however remained in force also after the end of the State of Emergency.
In the submission, the interveners provide the European Court of Human Rights with observations concerning:
- the applicability of the criminal limb of Article 6 of the European Convention on Human Rights (ECHR) to judicial proceedings leading to dismissal of an employee of a public institution;
- the lack of procedural guarantees in the dismissal process necessary to comply with Article 6 of the ECHR, in particular with the presumption of innocence Article 6(2), in such proceedings;
- the application of the principles of legal certainty and non- retroactivity to such decisions (by addressing the problems arising from the application of State of Emergency decrees to events that occurred before the declaration of the State of Emergency).
The full intervention can be downloaded here: Piskin_v_Turkey-ECtHR-TPI-ICJAITLSP-2019-eng
Apr 12, 2019 | News
Today in Ankara the ICJ convened a workshop for lawyers and civil society practitioners on the implementation of judgments of the European Court of Human rights.
The 29 participants in the workshop will examine methods and tools available to guarantee the effective execution of the European Court of Human Rights judgments in Turkey.
The participants in the workshop will discuss the use of the Committee of Ministers’ judgment execution process and the potential of “rule 9“submissions, as well as ways to advance the implementation of the judgments oft he European Court of Human Rights in Turkey.
The workshop will share good practices with a view to promoting solutions and opportunities for cooperation in the matter.
This one-day event is organized by ICJ, in cooperation with its partners Kapasite Geliştirme Derneği, Human Rights Joint Platform and European Implementation Network, as part of the EU co-financed project Rebuilding and Ensuring Access to justice with civil society in Turkey.
The project is funded by the European Instrument for Democracy and Human Rights (EIDHR) of the European Union.
